REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 26, 2002 at 7:30 p.m. with Council President Carey presiding. Council members present were Mr. Ritter, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. McGlumphy, Mr. Salters, and Mr. Ruane. Mr. Speed was absent.
Council staff members present were Chief Horvath, Mr. Cooper, Mr. DePrima, Mrs. Mitchell, Mr. Petit de Mange, Mrs. Green, and City Solicitor Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Carey declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Councilman Salters, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Salters requested the addition of item #4E - Review of Proposed Ordinance Amendment - Chapter 13 - Motor Vehicles and Traffic, Section 13-16 - Violation (Increase in Parking Fines) and #8E - the First Reading of the Proposed Ordinance Amendment.
Mr. McGlumphy moved for approval of the agenda, as amended, seconded by Mr. Truitt and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 12, 2002
Mr. Ruane requested that the minutes pertaining to the Property Assessment Appeal of Faye L. Bissonnette - 363 Post Boulevard, be amended to include the following paragraph:
“Mr. Ruane asked Mr. Pepper whether this information would change the solicitor’s legal opinion on this question. Mr. Pepper said it would not.”
Mr. Ruane felt that it was a significant exchange which influenced his vote and; therefore, should be included in the minutes.
The Minutes of the Regular Council Meeting of August 12, 2002, as amended, were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. Truitt and bore the written approval of Mayor Hutchison (with the exception of the motion to deny authorizing the City Manager to sign amendments to the current agreement between the City of Dover and the IBEW amending Article 7 and Article 25.)
MAYOR JAMES L. HUTCHISON VETO - AMENDMENTS TO IBEW CONTRACT
During their Regular Meeting of August 12, 2002, members considered amendments to Article 25, Rest Periods, of the IBEW contract that would allow bargaining unit employees to combine their two fifteen-minute breaks into a one-half (½) hour lunch period and allow those employees to leave one-half (½) hour early. Members also considered amendments to Article 7, Job Posting, Bid Procedures, and Seniority, which would clarify the City’s right to determine sufficient qualifications for an open position and, when more than one bargaining unit employee is qualified, the employee with the most seniority would be promoted.
By a vote of five (5) yes, two (2) no, City Council moved to deny granting the City Manager authorization to sign amendments to the current agreement between the City of Dover and the IBEW amending Article 7 and Article 25 in accordance with the proposals submitted.
On August 15, 2002, the City Clerk received a letter from Mayor James L. Hutchison disapproving the motion, which stated:
“My decision is based on the fact that only seven (7) of the nine (9) members of Council were present and I feel it is imperative that all members have the opportunity to vote on an issue involving contract negotiations as they impact both our citizens as well as the employees. With this in mind, I have exercised my power to veto and hereby direct that you notify members of Council of this action for their consideration during the Regular Council Meeting of August 26, 2002.”
[It is noted that approval of the motion required a 2/3 majority vote (six affirmative votes) since the original motion was vetoed by Mayor Hutchison.]
At the request of Mr. McGlumphy, the City Clerk read the City Solicitor’s opinion on handling the veto as follows:
“Council passed a motion to deny authorizing the City Manager to sign amendments to the IBEW contract. Subsequently, Mayor Hutchison vetoed this motion. According to Section 10 of the Charter, Council can override the veto and pass the motion by affirmative vote of two-thirds of the members elected to Council. If this does not happen, then the motion becomes moot.
For the August 26, 2002 meeting, this item is on the agenda. Council may take this item off the agenda, but if that occurs, then obviously the Mayor’s veto will stand and the motion fails. Of course, if Council proposes a new motion for approval authorizing the City Manager to sign amendments to the IBEW contract, then this would be a new motion and would only require a majority vote of Council to pass.”
The Mayor’s veto was upheld due to the inaction of members of Council.
100th YEAR ANNIVERSARY - DOVER PUBLIC LIBRARY
Mrs. Sheila Anderson, Library Director, invited members to attend a celebration of the Library’s 100th Year Anniversary as a tax-supported library on September 25, 2002.
Mrs. Anderson informed members that the library has received a $22,000 grant for additional computers from the Bill and Melinda Gates Foundation and $3,500 for a music program from the Delaware Division of the Arts.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on August 12, 2002 with Mr. McGlumphy presiding.
Dover Human Relations Commission - Proposed Budget
Members were presented with the Human Relations Commission Budget Estimates for Fiscal Year 2002-03 as follows:
|
Books and Publications |
$200 |
|
Brochures/Publicity |
1,500 |
|
Computer Services |
1,000 |
|
Computer Supplies |
500 |
|
Meeting Expenses |
600 |
|
Membership Dues/Subscriptions |
750 |
|
Miscellaneous Expenses |
300 |
|
Office Supplies |
1,250 |
|
Postage/Shipping, etc. |
300 |
|
Printing, Duplicating, etc. |
1,000 |
|
Telephone, Fax, etc. |
1,000 |
|
Travel Expenses |
1,600 |
|
Total Allocation |
$10,000 |
It was noted that if a restricted donation or grant was received from an external agency, corporation, foundation, government, etc. for a specific project or program, the information on income and expenses thereof will be maintained and reported separately under the respective project or program concerned.
The committee recommended approval of the proposed budget, as recommended by staff.
Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Salters.
Mr. Ritter stated that he was told that the Human Relations Commission would have no impact on the City’s budget. It was his feeling that he was misinformed and; therefore, was not in favor of approving the budget.
On a call for the question by Mr. Salters, the motion to approve the Dover Human Relations Commission Proposed Budget was carried by a roll call vote of seven (7) yes and one (1) no (Mr. Ritter)(Mr. Speed absent).
Proposed Ordinance Amendment - Section 2-22 - Absentee Voting - Referendums
Members considered an ordinance amendment to Section 2-22 of the Dover Code, as prepared by City Solicitor Rodriguez, which would allow absentee voting in annexation referendums.
Upon review of Delaware Code Title 22, §101 - Annexation by City or Town, Mr. Rodriguez determined that State voting laws on absentee voting indicate that it is permissible in general and special elections and it was his opinion that absentee voting could be permitted in annexations without violating the provisions of State law or the City Charter.
The committee recommended approval of the proposed ordinance amendment to Section 2-22 of the Dover Code, which would allow absentee voting in annexation referendums, as recommended by staff.
Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Salters and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Evaluation of Multi-Year Bid - Ready Mix Concrete Products
The Department of Public Works uses ready mix concrete products for various capital and maintenance projects throughout the City of Dover and the utility service territories. Upon review of the supply history, it was determined that since the value of the quantities to be purchased may exceed a value of $25,000 in each of the next three (3) fiscal years, the low bid for supply and delivery of ready mix concrete products should be presented to Council for approval. Bids were solicited for the supply and delivery of ready mix concrete products, with the sole bid being received from Wyoming Concrete Industries, Inc., Wyoming, Delaware as follows:
Through Effective 4/1/03 Effective 4/1/04
Mix Description 3/31/03 through 3/31/04 through 3/31/05
Class B State Mix $67.00/cy.yd $70.00/cy.yd $73.00/cy.yd
3000 PSI Concrete $66.50/cy.yd $69.50/cy.yd $72.50/cy.yd
3500 PSI Concrete $67.00/cy.yd $70.00/cy.yd $73.00/cy.yd
1% Accelerator $5.00/cy.yd $5.50/cy.yd $6.00/cy.yd
2% Accelerator $7.00/cy.yd $7.50/cy.yd $8.00/cy.yd
3% Accelerator $9.25/cy.yd $9.75/cy.yd $10.25/cy.yd
4% Accelerator $11.25/cy.yd $11.75/cy.yd $12.25/cy.yd
The committee recommended awarding a multi-year blanket purchase order to Wyoming Concrete, Inc., the sole bidder, for the supply of concrete at the specified bid prices, as recommended by staff.
Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Speed absent).
Evaluation of Multi-Year Bid - Flagger Services
The Department of Public Works uses a private contractor to provide flagger services for traffic control on a variety of public works and utility projects. These services are used on an as-needed basis and are necessary to provide safety to the workers, pedestrians, bicyclists and motorists within the work zone. Upon review of the usage history, staff determined that, since the value of the services may exceed $25,000 in each of the next three fiscal years, the low bid for flagger services should be presented to Council for approval. Bids were solicited for flagger services with the sole bid being received from Highway Traffic Controllers, Inc. of Wyoming, Delaware for $18.00 per hour.
Staff recommended awarding the multi-year bid for flagger services to Highway Traffic Controllers, Inc. for the supply of flagger services on an as-needed basis. The hourly rate will be $18.00 per hour for FY 2003, FY 2004, and FY 2005.
The committee recommended approval of staff’s recommendation.
Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Speed absent).
Review of Proposed Ordinance Amendment - Chapter 13 - Motor Vehicles and Traffic, Section 13-16 - Violations (Increase in Parking Fines)
During the committee meeting held earlier in the evening, members considered a proposed ordinance amendment to Chapter 13 - Motor Vehicles and Traffic, Section 13-16 - Violations, of the Dover Code that would increase parking fines.
Staff consulted with the Dover Parking Authority and it was their feeling that neither money nor staff resources should be spent studying the issue at this time; however, it should be studied within the context of an upcoming parking study. The Parking Authority submitted a letter of support for a $5.00 increase in the parking violation fines. Main Street also submitted a letter supporting the concept of a $5.00 increase. It was their feeling that the increase should be done as an inflationary adjustment, and should be designed in the spirit of ensuring that the higher fine will be a detriment to parking scofflaw’s and not a detriment to shoppers wishing to access the downtown area. Main Street also suggested an initiative to re-sign all of the free public parking in the downtown area with universal parking signs.
The committee recommended approval of a $5 increase in the parking fine, as suggested by the Dover Parking Authority and Main Street Dover.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Truitt.
It was Mr. Ritter’s feeling that it would be a disservice to the citizens if the revenue generated by the increased parking fine was not set aside to improve the parking situation.
On a call for the question by Mr. Salters, the motion to approve a $5 increase in the parking fine, as suggested by the Dover Parking Authority and Main Street Dover was carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ritter) (Mr. Speed absent). (The First Reading of the ordinance will take place during the latter part of the meeting).
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. McGlumphy and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on August 12, 2002 with Chairman Ruane presiding.
Evaluation of Cost Proposal - Water System SCADA Upgrade
The Department of Public Works identified a necessary upgrade of the System Control And Data Acquisition (SCADA) system currently in operation at the Long Point Road Water Treatment Plant as the primary capital project for the water utility. SCADA systems allow operators to send and receive real-time monitoring and control information for a variety of utility functions including run/stop, tank elevations, entry alarms, flow measurements, pressure readings, power supply, chemical dosing, and other related functions. This project will expand the use of the existing 9710 MICROCAT master located at the treatment plant to include the 15 deep wells, 6 elevated storage tanks, chemical scale weight inputs, entry acknowledgment, a computer station and monitor upgrade, and miscellaneous software and hardware improvements.
The existing SCADA system which controls the water system has a software architecture which is outdated and no longer supported by the vendor. The proposed SCADA upgrade is intended to give the Water Plant operators control of the production system so they can make adjustments to the system under real-time circumstances. The addition of chemical feed indicators and production/demand flow matching, as a result of the new chlorine and fluoride treatment systems, requires a greater level of control than was previously necessary. The upgrade includes, but is not limited to, SCADA hardware, SCADA software, SCADA alarm dialer software and programming, intrusion switches, 18 new remote transmitting units and training on the new system. The alarm dialer will alleviate any need for 24-hour on-site staff. The ramifications of not progressing with this project could be detrimental to the utility and could compromise the drinking water safety.
The MICROCAT SCADA telemetry system is a proprietary system; therefore, no bids were solicited for this work. Whel-Tech, Inc. is the manufacturer’s representative for the MICROCAT system. Staff has visited a similar operation at the City of Rehoboth Beach and believes the upgrade to be essential to the management of the water utility.
The committee recommended awarding a purchase order to Whel-Tech for the purpose of upgrading the MICROCAT SCADA System and other miscellaneous hardware in accordance with its cost proposal, with the total cost of the upgrade not to exceed $190,000, as recommended by staff.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mr. Speed absent).
Electric Rate Study
The purpose of an Electric Rate Study is to provide Council and staff with information to allow the development of a long-range plan and financial strategy to meet the needs of the City of Dover Electric customers. There are three (3) components of the rate study. The “Cost of Service” Study will determine the actual cost to provide service to each class of customer, the “Revenue Requirements” Study will develop the revenues required for the operation of the electric system going forward for the next five (5) years, and the “Rate Design” Study will develop rates that will provide the required revenue to operate the system allocated to each class of customers based on the cost to serve that class of customers.
The last review of revenue requirements or costs to provide electric service to our customers was completed in 1993. This was also the last time that the electric rates for each class were reviewed. Staff felt it was of vital importance to understand the costs involved and revenue required to supply an ever increasing demand for electric energy. It is equally important to understand the specific cost to supply each customer class in order to budget and plan for future years.
A Request for Proposals was prepared for a “revenue requirements, cost of service and rate design”. The proposal submitted by Burns & McDonnell, the low bidder at $90,000, was reviewed by staff and Mr. Kirk Betts, the City’s attorney who specializes in the electric industry, and it was determined that the bid meets all the requirements of the Request for Proposals.
The committee recommended that the study be awarded to Burns & McDonnell for an amount not to exceed $90,000 with $10,000 reserved for change orders if requested by the City, as recommended by staff.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mr. Speed absent).
Mr. Ruane moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
TRANSPORTATION COMMITTEE REPORT
The Transportation Committee met on August 14, 2002 with Chairman Ruane presiding.
State of Delaware 2003-2008 Capital Transportation Plan/Projects - Candidate Projects for FY 2004 Transportation Improvement Program
Members were provided the State of Delaware 2003-2008 Capital Transportation Plan/Projects (dated June 20, 2002) and the Recommended Priority Project List for the Dover/Kent County Metropolitan Planning Organization FY 2004 Transportation Improvement Program. Members were provided a brief overview of the projects within the City of Dover that remain on the project list. It was noted that DelDOT would be holding a public hearing at 7:00 p.m. on September 5, 2002 to discuss proposed projects for FY 2004.
Members discussed which projects they felt should be recommended as priority for the City of Dover. Staff indicated that the Division Street Roadway and Intersection Improvements, the Loockerman Street Bridge repair, and Clarence Street Extension were important projects. Mr. DePrima noted that they applied for a federal grant to fund a portion of the Clarence Street Extension as a part of the West Dover Redevelopment Study and it appears that they may receive some matching grant money.
The committee recommended requesting City Council to support prioritizing the Division Street Roadway and Intersection Improvements, the Loockerman Street Bridge repair, and the Clarence Street Extension, as recommended by staff, and presenting those three (3) items at the DelDOT public hearing being held on September 5, 2002.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and unanimously carried.
Delaware Transit Corporation - Support of Evening and Weekend Bus Service
Members were informed that there is a proposal before the Delaware Transit Corporation which would provide evening and Saturday service using the Paratransit equipment and that a recommendation is expected in October 2002. Mr. Ruane indicated to members that City Council went on record in 1996 in support of evening and weekend public transportation as part of the Comprehensive Plan and suggested a reaffirmation of support.
The committee moved to request City Council to notify the Delaware Transit Corporation that they wish to foster weekend and evening bus service.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and unanimously carried.
Mr. Ruane moved for acceptance of the Transportation Committee Report, seconded by Mr. Salters and unanimously carried.
MONTHLY REPORTS - JULY 2002
By motion of Mr. McGlumphy, seconded by Mr. Salters, the following monthly reports were accepted by consent agenda:
Budget Report (June 2002 and July 2002)
City Assessor Report
City Clerk/Alderman Report (Fines)
Mayor's Report
City Manager’s Report
Mayor’s Report
Planning and Inspections Report
With reference to the Chief of Police Report, Mr. Truitt pointed out that traffic accidents, traffic arrests, and complaints have continued to rise over the past several years. Noting that the Police Department has been staffed with 81 officers for several years, Mr. Truitt suggested that Council consider increasing the police force by four (4) officers. It was suggested that this matter be considered further at a future meeting. Mr. McGlumphy requested consideration of “jump squads” for the City of Dover.
Mr. McGlumphy moved to accept the Chief of Police Report, seconded by Mr. Salters and unanimously carried.
FIRST READING - PROPOSED ORDINANCES
Mr. McGlumphy moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Salters and unanimously carried.
Council President Carey reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. A Public Hearing and final action by Council on the proposed ordinances will take place during the Council Meeting of September 9, 2002.
Mr. McGlumphy moved for acknowledgment of the first reading of the following proposed ordinances by title only, seconded by Mr. Salters and unanimously carried:
Section 2-22 - Absentee Voting - Referendums
Chapter 13 - Motor Vehicles and Traffic, Section 13-16 - Violations (Increase in Parking Fines)
Mr. Salters moved to adjourn into Executive Session for personnel matters, seconded by Mr. McGlumphy and unanimously carried.
Meeting Adjourned at 8:13 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 26, 2002, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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